CHAPTER 236 - STATE HIGHWAY DEPARTMENT

AN ACT TO AMEND SECTION 22, CHAPTER 166, REVISED CODE OF DELAWARE, 1935, BEING A PART OF SECTION 6, CHAPTER 63, VOLUME 29, LAWS OF DELAWARE, AN ACT ENTITLED, "AN ACT TO CREATE A STATE HIGHWAY DEPARTMENT ESTABLISHING A SYSTEM OF STATE HIGHWAYS AND PROVIDING FOR THE IMPROVEMENT AND MAINTENANCE THEREOF AND THE APPROPRIATING AND BORROWING MONEY THEREFOR", AS AMENDED.

Be it enacted by the Senate and House of Representatives of the State of Delawai4e in General Assembly met (two-thirds of all the members elected to each House concurring):

Section 1. That Section 22, Chapter 166, Revised Code of Delaware, 1935, being a part of Section 6, Chapter 63, Volume 29, Laws of Delaware, as amended by Chapters 79 and 80, Volume 34, Laws of Delaware, be, and the same is hereby amended by striking out all of the second paragraph of said Section 22, being the third paragraph of said Section 6, and by inserting in lieu thereof the following:

All work pertaining to the construction of any overhead or undergrade structure within the limits of the right-of-way of any railroad or railway company whose property is being crossed by a State Highway shall be done and performed or contracted for by the State Highway Department or by the said railroad or railway company as may be mutually agreed upon, provided, however, that said work shall be so- done and performed so as not to interfere with the safe and continuous operation of said railroad or railway, and, provided further, that if said work should require the relocation, removal or alteration of any tracks, poles, wires, signals, or other appurtenances of said railroad or railway, the plans and specifications, in so far as they relate to such relocation, removal or alteration, and the work done in accordance therewith, shall be subject to the approval of the Chief Engineer of the railroad of railway company owning or controlling such property. All work pertaining to the construction of any overhead or undergrade structure which is without the limits of said right-of-way of any railroad or railway company shall be done and performed by the said State Highway Department. The cost of all such work shall be paid for as hereinbefore provided or as may be agreed by and between the said State Highway Department and any such railroad or railway company.

Approved April 5, 1937.